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Last Modified on Apr 10, 2026
If you have been involved in a car accident, you may find yourself asking, “How long do you have to file a car accident lawsuit in Sumter County, SC?” Understanding the statute of limitations can help you when filing a claim. The Law Office of Charles T. Brooks III can manage the time limits and any other legal considerations in your case.
Understanding South Carolina’s Statute of Limitations
One of the most critical car accident laws is the statute of limitations, which is a strict deadline for filing a claim. In South Carolina, the statute of limitations for a car accident case is three years from the date of the accident. This deadline remains the same regardless of whether the accident caused property damage, personal injury, or wrongful death.
Car accident claims against a government entity have a two-year statute of limitations, and claims must be filed with the government agency within one year of the accident. Filing a car accident claim against a government entity is rare, but it may be necessary if:
- You were involved in an accident with a government vehicle.
- A government’s failure to maintain a roadway caused the accident.
Missing the statute of limitations generally means losing your right to file a claim and seek compensation. If a claim is filed after three years, the court could automatically dismiss your case, regardless of what damages you have suffered or what evidence you have against the other driver.
Why You Should Hire a Car Accident Lawyer Soon After a Crash
You should hire a car accident lawyer as soon as possible after a crash. Though the statute of limitations is a strict deadline that must be met, there are other advantages to building your claim early.
First, your lawyer can gather evidence from the accident. Many types of evidence become more difficult or impossible to recover as time passes, including photographs from the scene of the accident, photos of vehicle damage, or witness testimonies. Having this evidence can be important in a claim, as it can be used to prove who is at fault for an accident and what damages you have suffered.
After a car crash, the fear and adrenaline can make it difficult to know what to do next. Having a lawyer supporting you after a crash can enable you to follow proper protocols with your insurance and report the accident to the police. Your lawyer can also prevent critical errors you may make without their guidance, such as when communicating with the at-fault driver’s insurance.
Recovering Damages After a Car Accident
Car accidents can have catastrophic damage, with crashes causing 1,047 deaths in South Carolina throughout 2023. Roads with high-speed traffic and frequent travel often have more severe damage, such as on I-75. A Sumter County car accident attorney can calculate your losses to estimate a fair recovery. Then, they can present evidence and negotiate with insurance providers on your behalf to pursue the compensation you deserve. Some of the most common damages include:
- Medical costs. With the rising cost of medical care, the injuries in a car accident can be financially devastating. Compensation can cover the cost of medical care, from emergency medical services to ongoing therapy.
- Lost wages. Taking time off work can be unavoidable due to severe injuries and frequent medical appointments, but it can cause missed income. By filing a car crash claim, you can recover your lost wages or seek compensation for a loss of earning potential.
- Property damage. The price of repairs and replacements to damaged property can be included in compensation. This includes vehicle damage, ruined clothing, damaged personal electronics, and other valuables.
- Emotional distress. Six months after a road traffic injury, 39.6% of survivors report experiencing PTSD symptoms. Compensation can be increased to reflect the mental and emotional impact a crash can have.
- Punitive damages. Punitive damages are available in cases where the at-fault driver was extremely reckless, such as if they were drinking and driving.
FAQs About Car Accident Lawsuit
What Are the Four Elements Required to Prove Negligence?
The four elements required to prove negligence are duty of care, breach of duty, causation, and damages. Duty of care is the legal responsibility to take reasonable precautions to avoid causing harm to others. Breach of duty is failing to meet the duty of care. Causation involves proving that the accident was a direct result of the breach of duty and that the accident would not have happened without the other party’s breach. Damages involve the actual losses you suffered.
Is South Carolina a No-Fault State for Car Accidents?
No, South Carolina is not a no-fault state for car accidents. South Carolina follows an at-fault system, through which accident victims can file claims against the at-fault driver rather than their own insurance. In an at-fault claim, you must prove the other driver’s negligence, which increases the legal complexity of these claims. However, at-fault claims allow you to recover more damages, including pain and suffering, compared to no-fault claims.
Are There Exceptions to the Statute of Limitations?
Yes, there are exceptions to the statute of limitations, though they are uncommon. A claim can be filed after the statute of limitations when the victim was under 18 or is mentally incapacitated. For minors, the statute of limitations is paused until they are adults. They then have one year after turning 18 to file a claim. If a mental disability leaves the victim unable to file a claim, the statute of limitations can be extended by up to five years.
What Should You Not Do After a Car Accident?
After a car accident, there are several common mistakes you should avoid. Don’t leave the scene or avoid getting medical attention, as it may cause worsened injuries and threaten your ability to file a claim. Additionally, don’t avoid calling the police if there are any injuries or significant property damage. When speaking with insurance providers, avoid apologizing, admitting fault, or accepting initial settlements without a lawyer’s guidance.
Learn How the Law Office of Charles T. Brooks III Can Help
With complex car accident laws and filing deadlines, a car accident case can seem overwhelming. Contact the Law Office of Charles T. Brooks III to learn how experienced legal representation can make the claims process easier and seek the full recovery you need.
